Terms and conditions

Terms and conditions

Last Updated September 10, 2020

Preamble

These T&Cs (T&Cs, the “Agreement”) apply to the services offered on the website (the “Website”) and the mobile application (the “Application”) Shop my influence ( the “Company “).

The service is published by Shop my influence (simplified joint-stock company) whose head office is in PARIS (75018) 89 rue Duhesme, registered in the PARIS trade and companies register under number 89 869 478 100 011 represented by Mr Boris DELTELL in his capacity as Chairman. The T&Cs define the rights and obligations of the parties in connection with the use of the mobile application. They are the support of a contractual relationship between the member and the company Shop my influence.

These Terms define the main rules for using the mobile application. They are supplemented by additional policies, the Personal Data Policy, the Cookies Policy and Frequently Asked Questions (FAQ) – in order to guide the member more precisely in handling the mobile application. In the event of a conflict between the different policies resulting in a lack of accessibility, intelligibility and/or predictability of the rules, these T&Cs take precedence over the Personal Data Policy, the cookies and FAQs.

In the event that one of the stipulations of these T&Cs is declared null or inapplicable by the effect of a law, a regulation or a judicial decision emanating from a competent court, the other stipulations will retain their validity and their strength, except to imagine that these T&Cs are distorted or that this leads to a significant imbalance in the obligations of the parties

Article 1 - Definitions

In the T&Cs, the words or expressions below will have the following meaning:

Account: means the account is the personal space dedicated to the Member on the Application, which he accesses by registering and connecting to the Application. It allows the Member to access the Services.

Application: designates the Shop my influence application, available on the Apple’s App Store and the Google’s Play store.

Shop my influence: refers to the company Shop my influence (simplified joint stock company) whose registered office is in PARIS (75018) 89 rue Duhesme, registered in the PARIS trade and companies register under number 89 869 478 100 011 represented by Mr. Boris DELTELL in his capacity as President, owner and sole operator of the Application, the Website and the “Shop my influence” brand.

T&Cs: refers to these Terms & Conditions of Use, the “Contract”. 

Member(s): refers to a person registered on the Application.

Services: refers to all the services offered in the Shop my influence application.

Website: refers to the Shop my influence website.

Article 2 - Applicable law and litigation

These Terms of Use are governed, interpreted and applied in accordance with French law, subject to the protection afforded to Members by the mandatory provisions of local jurisdiction. In the event of a dispute as to the meaning of any

Provision under the terms of the T&Cs, the member can contact Shop my influence by e-mail using the address hello@shopmyinfluence.com.

Article 3 - Modification of the Services and Conditions of Use

Shop my influence may modify the T&Cs at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the Website and on the Application. The new T&Cs will be notified via the Application and will apply immediately;

For Members registered after the changes are posted on the Website, these will be immediately applicable to them because they will have expressly accepted them by becoming a Member.

For Members registered prior to the posting of the modifications on the Website, these will be considered accepted without reservation on their part if they continue to use the Services of the Application.

It is the Member’s responsibility to carefully read the T&Cs when they are updated and to fully understand the changes resulting from the latter. In the event of disagreement with the modifications of the T&Cs, the Member has the option of terminating the Services and of terminating his Account in accordance with article 11

Article 4 - Conditions of access and Registration to the Services

The Application is free to download from the Apple App Store on IOS and the Google Play Store on Android. When the conditions necessary for Member status are met, Shop my influence assigns the Member an Account containing at least:

An editable profile

The possibility of hanging articles from partner brands To register, anyone interested in the Services must be at least 16 years old, have read and accepted these T&Cs, the Cookies Use Charter and the Relative Policy to Personal Data.

Registration will be carried out mainly by sending a confirmation by email. When registering, the Member accepts these T&Cs and the Personal Data Policy and undertakes to comply with the obligations incumbent on him, such as mentioned in article 7 of these T&Cs.

Article 5 - Services and features

The Application provides Members of Shop my influence with the possibility of creating wish lists of products with their favorite brands, of generating affiliate links to these products and of being paid on the sales made via these links.

Article 6 - Shop my influence Personal Data Policy

When registering on the Website or the Application, the user is required to provide information concerning him in accordance with article 4.

This information is subject to automated processing by Shop my influence.

When validating their registration for the Application and/or the Website, the user must read the Personal Data Policy of Shop my influence. The processing of personal data implemented by Shop my influence is necessary for the execution of this contract.

Shop my influence uses cookies to operate and improve the Services offered. By continuing to browse the Website, the Member gives his consent to the use of cookies in accordance with the Shop my influence Cookies Policy.

In accordance with articles 38 and following of law n ° 78-17 of January 6, 1978 modified by law n ° 2004-801 of August 6, 2004 relating to data processing, files and freedoms, any person can access and if necessary correct or delete the personal data concerning it, by contacting Shop my influence whose contact details appear in article 12 of these T&Cs. Any person may also, for legitimate reasons, oppose the processing of personal data concerning him.

Article 7 - Obligations and responsibilities of Members

Failure to comply with the following obligations and responsibilities may result in the cancellation of a user’s account.

7.1 – Obligations

Members agree when using the Services defined in Article 5: To be honest and sincere in their statements;

To respect the laws and regulations in force and not to violate public order;

To respect intellectual or industrial property rights;

Not to upload photos of a third party;

Not to commit offenses of defamation, insult, provocations, in particular of a racial or discriminatory nature, apologia for war crimes or crimes against humanity;

To respect the rules of morality and propriety and in particular not to disseminate pornographic or exhibitionist content and not to incite violence or racial hatred in any way;

Not to communicate their passwords and other confidential codes allowing third parties or other Members to access the Services of their Account;

Not to use software, application, interface or the help of a third party in order to interfere in making contact with the other Members of the Application (the credibility of the Application based on the reality Exchanges) ;

To respect the confidentiality of correspondence and the privacy of other Members

To abstain towards other Members from any proposal or initiative contrary to their expressed will;

Not to harm the Services, the Website or the Application;

To refrain from any commercial or advertising use of the Website and the Application;

Not to organize a demonstration, collective meeting of its members by means of the Website, the Application and the Services made available to them.

7.2 -Responsibilities

7.2.1 – Responsibility for compliance with its obligations and moderation by Shop my influence of content published by a Member

Responsibility :

The Member is solely responsible for his actions and the data he publishes via the Application and in particular, the photos published by the Member and the description added to his profile. With regard to the photos published by the Member, these cannot be an illustration, nor contain nudity or elements of a pornographic nature. If the responsibility of Shop my influence were to be sought within the framework of the non-respect by the Member of his obligations, the Member guarantees Shop my influence against any condemnation pronounced against him, finding its origin in the transgression of the law or these T&Cs by the Member. All pornographic, exhibitionist photos infringing modesty and generally contrary to morality are strictly prohibited. All pornographic, exhibitionist photos infringing modesty and generally contrary to morality are strictly prohibited.

Moderation:

Verifications carried out by Shop my influence:

When the Member registers, Shop my influence exercises moderation of the content published by the Members (photos published and description added to the profile). In addition, Shop my influence checks that each photo published by a Member complies with these T&Cs (in particular article 7.1 above) and allows the Member to be identified. Shop my influence reserves the right to delete any content (message, photo or other) that does not comply with the conditions mentioned above.

In this respect, a photo published by a Member may be rejected by Shop my influence in the following cases:

The photo contains nudity or is pornographic or exhibitionist;

The photo is too blurry to be able to identify the Member;

The photo is a group photo and does not identify the Member. 

In such a case, this photo is deleted from the Shop my influence servers and the Member is invited to submit a new photo.

Furthermore, the publication of photos of a pornographic or exhibitionist nature infringing modesty, inciting violence or racial hatred and generally contrary to morality constitutes serious misconduct, which may give rise to suspension and/or the termination of the Member’s Account, without excluding other penalties which may be pronounced by the courts.

The consequences of the moderation carried out by Shop my influence are set out in article 11 of the T&Cs (“Termination of the Account by Shop my influence in the event of breaches of the T&Cs”).

Shop my influence uses an external service provider to assist it in filtering photos that do not comply with these T&Cs.

No decision is made solely on the basis of automated processing of personal data.

Reporting by a Member:

During the use of the Application and/or the Website, any Member may report illegal content, infringing applicable law or these T&Cs using the moderation tools provided by the Application / Webite in the menu present in every chat screen with the mention “Report”.

Article 8 - Fight against fraud

In order to maintain the confidence of the Members towards each other and to reinforce the security of its Members, Shop my influence implements a system to fight against fraudulent profiles of users who would engage in abuse, scams or illegal activities whatever whether via their Account.

On the basis of objective and cumulative criteria (complaints from Members, use of VPN, use of photos of third parties and in particular of celebrities), Shop my influence studies the profile of the Member concerned.

If it is established by Shop my influence that it engages in abuse, scams or any other illegal activity, Shop my influence will close its account.

Shop my influence uses an external service provider to assist it in detecting fraudulent behavior.

No decision is made solely on the basis of automated processing of personal data.

Article 9 - Obligations and responsibilities of Shop my influence

9.1 -Obligations

Shop my influence undertakes to provide the infrastructure and technical means required for the provision of a quality Service to Members equipped with a terminal operating with a compatible IOS or Android operating system as specified on the Shop page my influence from the App Store and Play Store. Shop my influence cannot be held responsible for any malfunction of the Member’s terminal or for compatibility problems between the Application and the terminal.

All measures are taken to minimize the risk of fraudulent access to the Shop my influence system. In this respect, Shop my influence uses firewalls (equipment located between the Internet network and the private network of a company to increase security of the latter by filtering traffic coming from or going to the Internet). However, it is impossible to absolutely guarantee the security of a network. Shop my influence is not responsible for breakdowns, interruptions or malfunction of the services of the Member’s internet access provider, as well as any cause external to Shop my influence which could interrupt or damage access to the Services Shop my influence . The Member must ensure that he has a secure e-mail address. Despite or following the omission of these precautions, the Member’s Account is likely to be the victim of fraud. Shop my influence also wishes to warn the Member against any exceptional risk of receiving unwanted Messages or messages allegedly emanating from Shop my influence. The Member must be attentive and vigilant in order, if these hypotheses come true, to notify Shop my influence by sending an email to the address provided in Article 12 hereof.

9.2 -Responsibilities

Shop my influence and its partners cannot be held responsible for illegal actions or actions liable to criminal sanctions, committed by its Members, including and not exhaustively.

9.2.1 – Unlawful behavior

Shop my influence is not responsible for cases of fraud, scam, fraud, identity theft, prostitution, infringement of the intellectual property of third parties and other criminal offenses committed by Members through of the Website and the Application as well as the Services made available to them.

9.2.2 – Litigious content

Shop my influence is not responsible for contentious content disseminated by Members and reserves the right to save any contentious content, in particular to make it available to the competent authorities.

Article 10 -Intellectual property

10.1 – Trademark law

The brand “Shop my influence” is the exclusive property of the company Shop my influence. Shop my influence holds all the rights relating thereto. The trademark has been registered with the National Institute of Industrial Property and with the United States Patent and Trademark Office (USPTO). Any reproduction and/or use and/or partial or total affixing and/or modification and/or deletion of the brand and the rights relating thereto such as, for illustration and in a non-exhaustive manner, the slogan and the logo offered by the Application , by any process whatsoever, in any form whatsoever, on any medium whatsoever and by any media whatsoever, is strictly prohibited without the express prior written authorization of Shop my influence and is liable to legal action. . The Member must not use meta-tags or any other “hidden” text containing the name or brand “Shop my influence” without the express written consent of Shop my influence. The brand is protected by articles L713-2 and following of the Intellectual Property Code and by international intellectual property law.

10.2 -Copyright

Shop my influence holds all the intellectual property rights relating to the Application and the Website.

Within the framework and for the sole purposes of normal use of the Website or the Application, Shop my influence grants the Member a right of use of the works appearing on the Application and the Website, such as, in a non- exhaustive, the texts, paginations, presentations, layouts, photographs, images, drawings, graphics, buttons, videos, sounds and data (the “Works”).

The license to use the Works granted by Shop my influence to the Member is non-exclusive and non-transferable and reserved for private, personal and non-commercial use, worldwide, within the framework and for the duration of registration for the Services. . It is forbidden to sell, rent, lend, distribute or sub-license all or part of a Work or transfer any right over all or part of this Work. It is prohibited to copy, modify, alter in any other way a

Work, in whole or in part, to create derivative works from a Work or to integrate all or part of a Work into other works regardless of their form.

The Works are protected under articles L122-4 et seq. and L335-3 et seq. of the Intellectual Property Code and by international intellectual property law.

10.3 -Software

The following conditions apply to all software (source codes, updates and evolutions, preparatory design material and related documentation) of Shop my influence used as part of the Services (the Software). All Software is the property of Shop my influence, which holds all the intellectual property rights and the rights of use relating thereto. The Software is protected by article L122-6 of the Intellectual Property Code and by international intellectual property law. Within the framework and for the sole purpose of normal use of the Website or the Application, Shop my influence grants the Member a temporary reproduction right of the Software. This reproduction right includes the right to load, display and run the Software. The rights that are not expressly granted to the Member are retained by Shop my influence. The right of use granted by Shop my influence to the Member is non-exclusive and non-transferable and reserved for private and personal use, worldwide, within the framework and for the duration of registration for the Services. It is forbidden to sell, rent, lend, distribute or sub-license all or part of a Software or transfer any right over all or part of this Software. It is forbidden to integrate all or part of a Software into other programs, to compile all or part of a Software with another program, to transfer all or part of a Software to use it with another service or copy, modify, otherwise alter any Software in whole or in part, create derivative works from the Software or reverse engineer or decompile any Software in whole or in part, except as limits permitted by law. In order to keep the Software up to date, Shop my influence may offer automatic or manual updates at any time and without prior notification.

10.4 -Use of the database

The database relating to the Application and the Website is the exclusive property of Shop my influence, which holds all the intellectual property rights relating thereto.

It is prohibited to extract, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the content of the Application or the Website on another medium, by any means and in any form whatsoever.

It is also prohibited to reuse, by making available to the public, all or a qualitatively or quantitatively substantial part of the content of the Application or the Website, whatever the form.

Finally, the repeated and systematic extraction or reuse of qualitatively or quantitatively insubstantial parts of the Application or the Website is prohibited when these operations manifestly exceed the normal conditions of use of the Application or the Website.

10.5 – Unfair competition

It is strictly prohibited to design a product similar to the Application or the Website or to create a derivative thereof, and more broadly to be guilty of parasitism, acts of imitation, denigration or any other act constituting competition. unfair. If necessary, Shop my influence reserves the right to sue the Member in order to obtain full compensation for the damage caused to him by the Member.

The Member exposes himself to sanctions if he succeeds in or attempts to grant licenses or under licenses, sell, resell, transfer, assign, distribute or commercially exploit in any other way or make available to third parties the Services, the Application or the Website in any way.

10.6 – Content distributed by the Member

The Member grants Shop my influence a license to use the intellectual property rights attached to the content provided by the Member as part of his use of the Services. This license will be used by Shop my influence within the limits of respect for the right to image, the protection of the Member’s personal data, without distorting the authenticity of the Member’s profile and remaining consistent with his profile. This license includes in particular the right for Shop my influence to reproduce, represent and modify said content in order to respect the graphic charter of the Services and to make them compatible with its technical performance or the formats of the media concerned. These rights are granted for the whole world and for the duration of the execution of the Terms of Use between the Member and Shop my influence.

The Member remains the owner of the content and the personal data that he provides. The Member guarantees Shop my influence against any legal action, recourse or conviction pronounced against it originating in the violation by the Member of the intellectual property of a third party. The Member guarantees Shop my influence against any claims or damages that may result.

Article 11 - Termination

11.1 – Termination by the Member

11.1.1 Deactivation and uninstallation of the Account

At any time, the Member may deactivate his Account without notice via the Application if he no longer wishes to be visible there.

When deactivating the profile:

The Member’s profile will be made invisible to other Members for the past and the future;

In the event of reactivation of the Account within the period of 1 year following the deactivation of the Account, the data retained will be reassigned to its profile and the profile will become visible again.

11.1.2 Account Deletion

The Member may decide to permanently delete his Account by sending an email or letter to Shop my influence whose postal address and email address appear in Article 12 hereof, at any time and without notice. Consequently, the Member’s profile will be permanently deleted. When the Member wishes to start using the Application again, he will be obliged to register under the same conditions as a first registration.

When deleting the Account:

The Member’s profile will be made invisible to other Members;

The Member’s identification data will be kept for 1 (one) year from this date in the event of a report of fraudulent behavior or a complaint by another Member against the Member;

The Member cannot reactivate his old Account.

​​11.1.3 Termination of the subscription 24 hours before the expiry of the initial term

In the event that the Member has subscribed to a subscription in accordance with Article 5.2 of the T&Cs, the Member is informed that the contract is automatically renewed after each subscription period according to the duration initially agreed unless the Member terminates his subscription no later than 24 (twenty-four) hours before the expiration of the initial term.

The conditions for terminating the subscription contract concluded via the Application are those of the relevant store.

In accordance with Article L. 215-4 of the Consumer Code, the provisions of Articles L. 215-1 to L. 215-3 and L. 241-3 are reproduced in full in the service provision contracts to which they apply. apply.

Article L. 215-1 of the Consumer Code:

For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by personal letter or dedicated e-mail, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, the possibility of not renewing the contract that he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal.

When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the date of renewal.

Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination. , minus the sums corresponding, up to this point, to the execution of the contract.

The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules with regard to consumer information.

Article L. 215-2 of the Consumer Code:

The provisions of this chapter do not apply to operators of drinking water and sanitation services.

Article L. 215-3 of the Consumer Code:

The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.

Article L. 241-3 of the Consumer Code:

When the professional has not made the reimbursement under the conditions provided for in Article L. 215-1, the sums due shall bear interest at the legal rate.

11.2 – Termination of the Account by Shop my influence in the event of breach of the T&Cs

In the event of a breach by a Member of the T&Cs, his Account may at any time be suspended as a precaution and then automatically terminated by Shop my influence.

At any time and in the event of non-compliance with these T&Cs by a Member, Shop my influence will be free to be able to suspend access to his Account accessible from the Website and the Application for a period of 1 (one) month. The Member whose Account is suspended will be informed by Shop my influence of this decision by sending a notification on the Application and/or by email. The Member is invited to contact Shop my influence customer service by email in order to provide explanations for the criticisms addressed to him. Without a response from him and/or if his arguments have not justified the breach, Shop my influence may notify the Member of the termination of his Account via the Application and/or by email and inform the Member of the duration during which he will not be able to re-register for the Application. In the absence of precision, this duration is set at 3 (three) years from the notification of the termination of the Account.

Upon termination of the Account:

The Member’s profile will be made invisible to other Members;

The Member’s identification data will be kept for 1 (one) year from this date;

The Member will not be able to reopen an Account for a minimum period of 3 (three) years from the notification of the termination of the Account or as specified in the termination process.

Article 12 - USER PAYMENT SYSTEM

12.1. COMPENSATION OF USERS

Shop my influence offers its members the possibility of being rewarded on sales generated via their wishlists and affiliate links.

To have the possibility of being remunerated, the user must be at least 18 years old and/or have the right, the capacity and the legitimacy to give his consent to these conditions of use and to respect them. Or, if it is a minor under the age of 18, be at least 16 years old and guarantee to Shop my influence (a) that he has the express authorization of his parents or legal guardians to accept the present conditions of use and to carry out all the actions which are made available to him on the tool and (b) that he undertakes to send the said express written consent of his parents or legal guardians under 48 hour at Shop my influence at her request.

The user must have either self-employed status or a company to be able to send an invoice with the amount due.

Users will be rewarded for purchases made from their wishlists and affiliate links. The main factors used to determine the amount to be paid will be the price and the brand of the product that generated the purchases. The estimated remuneration is between 1% and 15% of the net sales price. Shop my influence reserves the right to modify these percentages periodically, therefore the user who wishes to obtain precise and up-to-date information in this regard should consult the commercial details appearing in these conditions of use.

The cumulative compensation can be viewed in the “Statistics” section of each user. This cumulative remuneration will be updated at least once a day on the user’s Shop my influence account.

12.2. PAYMENT AND CLEARANCE

To be able to collect remuneration by bank transfer, it will be necessary to exceed the sum of €100. If the user opts for the transfer of the remuneration and the aforementioned conditions are met, he will be asked to provide the payment information in order to make the said transfer.

This transfer will be made either by bank transfer or via PayPal.

The transfer costs via PayPal will in any case be borne by the user.

12.3. TAX OBLIGATIONS

The user undertakes to respect the legal order with regard to the taxation of the rewards obtained on Shop my influence. The user declares to be solely responsible for the fulfillment of his obligations in terms of taxation, and to release Shop my influence from any tax liability derived from the payment of the remuneration obtained.

Shop my influence undertakes to make quarterly income tax payments (IRPF) for all transactions carried out in accordance with the legislation in force. To this end, Shop my influence will ask the user to communicate their personal data, such as the country of tax domicile, surname, first name, national identity card, province (in the case of residents in France) to be able to carry out the required declarations. These data will be used exclusively to fulfill tax obligations.

Article 13 -Contact

13.1 – With the Member

Sending mobile and email notifications: The Member may receive notifications via the Application and/or by email in order to be notified of various important events. This may include, but is not limited to, the following:

The Member’s photo has been refused

A user has not completed their registration

A user has been inactive for several days.

Notifications are adjustable directly from the user’s mobile and can be disabled at any time from the phone settings.

If an email has been provided by the Member, the email address to which notifications are sent will be the one given by the Member when registering.

Newsletter: When registering on the Application, if an email has been provided by the Member, the Member agrees to receive a newsletter from Shop my influence. He can withdraw at any time by exercising his right of opposition by clicking on the link to unsubscribe at the bottom of each email received from Shop my influence.

13.2 -With Shop my influence

Members can contact Shop my influence directly by post at: Influens.Network 89 rue Duhesme PARIS (75018) or by email at hello@shopmyinfluence.com